§ 252 — Making films of artistic works for television broadcasting or cable programmes

252.—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.(2) The conditions are —(a)

the film is made for the sole purpose of including the work in a television broadcast or cable programme;

(b)

X would not infringe the copyright in the work by including it in a television broadcast or cable programme;

(c)

the first copy of the film is used only —(i)

for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or

(ii)

to make further copies for that purpose;

(d)

if X is not the maker of the television broadcast or cable programme —(i)

X pays to the copyright owner an amount agreed between them for the making of the film; or

(ii)

X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and

(e)

within the prescribed time, every copy of the film made under this section is —(i)

delivered to the National Archives with the consent of the Director of National Archives; or

(ii)

destroyed.

—(1) If the conditions in subsection (2) are met, it is a permitted use for a person (X) to make a film of an artistic work.

(2) The conditions are —(a)

the film is made for the sole purpose of including the work in a television broadcast or cable programme;

(b)

X would not infringe the copyright in the work by including it in a television broadcast or cable programme;

(c)

the first copy of the film is used only —(i)

for the purpose of including the work in a television broadcast or cable programme in circumstances that do not infringe the copyright in the work; or

(ii)

to make further copies for that purpose;

(d)

if X is not the maker of the television broadcast or cable programme —(i)

X pays to the copyright owner an amount agreed between them for the making of the film; or

(ii)

X undertakes in writing to pay the copyright owner the amount that a Copyright Tribunal decides is equitable remuneration for the making of the film; and

(e)

within the prescribed time, every copy of the film made under this section is —(i)

delivered to the National Archives with the consent of the Director of National Archives; or

(ii)

destroyed.